The Court of Protection has jurisdiction if a person lacks the mental capacity to manage their finances. However, it is submitted that the capacity to manage finances is different to the capacity to make a power of attorney. (Capacity being decision specific.) Is the Court’s jurisdiction therefore ‘trumped’ by an LPA signed by someone whose capacity may have improved? Clearly the Court’s permission would be required to discharge a Deputyship order but the point of my question is that surely the two different assessments to be made and if so, and assuming the person does have capacity to appoint an attorney, does the attorneyship trump the deputyship? Thoughts welcome.
Haroon Rashid
I Will Solicitors Ltd